Right-to-work gets go ahead amid Capitol chaos

By
Chad Selweski, The Macomb Daily

Thursday, December 6, 2012

In a chaotic day that perhaps marked the most dramatic moment in the history of the Michigan Legislature, Republican lawmakers on Thursday – with the sudden backing of Gov. Snyder – rammed through right-to-work legislation that will change the face of labor relations in the state.

The votes in the GOP-controlled House and Senate took place amid raucous protests from hundreds of union supporters, some of whom were pepper-sprayed and arrested by police when they tried to storm the Senate chamber. For hours, the Michigan State Police, concerned about safety, barred entry to the Capitol until Democrats obtained a court order to reopen the doors.

While final approval was not achieved due to technical matters of the Legislature, it appears to be just a matter of days until Michigan, a leader in the nation’s union movement for several decades, will become the nation’s 24th state to adopt right-to-work rules.

The impetus for this high-speed political coup was set in motion by Snyder, who has repeatedly said over the past two years that right-to-work was a divisive issue that was not on his agenda. But at an 11 a.m. press conference, the governor made history by reversing his position, saying he would sign right-to-work legislation because it would attract more businesses to Michigan.

With only a matter of days left in the lame-duck session, legislation was quickly introduced in both legislative chambers and seven hours after Snyder spoke it received final approval in the House by a 58-52 vote. By 8 p.m., the Senate followed suit.

A Senate measure dealing with private-sector workers passed on a 22-16 vote after hours of impassioned debate. Four Republicans joined all 12 Democrats in opposition. Moments after that measure was adopted, the Senate passed a bill with similar provisions for government employees. Democrats walked out before the bill was approved on a 22-4 vote.

Lt. Gov. Brian Calley repeatedly gaveled for order during the Senate debate as Republicans were heckled by protesters in the gallery and Democrats who attacked the legislation received applause. At one point, a man shouted, “Heil Hitler! Heil Hitler! That’s what you people are.” He was quickly escorted out.

The bills would ban “closed shops” where workers are required to join a union and pay dues. Under the “freedom to work” approach, as Snyder called it, workers at union shops would have the option not to join the union. However, the union would still represent the non-paying workers – denounced as “freeloaders” by labor leaders – in matters involving wages, benefits and working conditions.

Paula Herbart, president of the Michigan Education Association Local 1, which represents 5,000 Macomb County teachers, took part in protests inside and outside of the Capitol.

“I’ve never seen anything like this. This is a sad and awful day for labor in Michigan,” said Herbart, who was a teacher and choir director for 20 years in the Fraser school district.

Union leaders and members, some teary-eyed, were stunned and angry that, in a matter of hours, the birthplace of the UAW and the state with the 5th highest percentage of union members in the country was about to adopt anti-union legislation that has been relegated almost entirely to the South and the Plains states.

A leading proponent of the bills, GOP Sen. Jack Brandenburg of Harrison Township, said that neighboring Indiana changed the economic landscape in February when the Hoosier State became the first Great Lakes state to adopt a right-to-work law. Since then, some 90 companies have decided to locate in Indiana.

“I just think that we as a state have to keep up with the competition,” said Brandenburg, a small business owner. “Because of what happened in Indiana, the neighborhood just got tougher.”

In Michigan, 12.4 percent of the private sector workforce is unionized and 55 percent of the public sector consists of union workers.

“This is about political payback for Proposal 2. This is about power and a grab for power,” said Donna Cangemi, president of the American Federation of State County and Municipal Employees Local 411, which represents 800 Macomb County government workers. “This … is a continuation of the war against unions that began two years ago.”

Proposal 2, a labor-backed ballot proposal that was defeated by voters in November, would have enshrined in the state constitution collective bargaining rights and a ban on right-to–work provisions. Many Republican lawmakers and their supporters in the business community viewed the proposal as an aggressive overreach by the labor community.

With union protesters jamming the Capitol rotunda, the scene in Lansing was reminiscent of the loud battles in the Madison, Wisc., Capitol Building prior to successful legislative votes there to limit collective bargaining.

Eight people were arrested by the Michigan State Police for resisting and obstructing when they tried to push past two troopers guarding the door to the Senate floor, state police Inspector Gene Adamczyk said. Dozens of state troopers were called to duty after Republican leaders expressed concern about proper safety.

Protesters waved placards and chanted slogans such as “Union buster” and “Right-to-work has got to go.” Adamczyk said the troopers used pepper spray after the people refused to obey orders to stop.

The Capitol, which was temporarily closed because of safety concerns expressed by the state police, reopened to a wave of hundreds of protesters streaming back inside with chants of, “Whose house? Our house!” House Democrats walked out briefly in protest of the Capitol being closed, until a district judge ordered an end to the lockout.

An exception to the new labor rules was carved out for police and firefighters, Snyder said, because of the dangerous aspects of their jobs and the need for a “special bond” among colleagues.

Jim Tignanelli, president of the Police Officers Association of Michigan, said the distinction was made because police and fire department employees are subject to binding arbitration under state law. That makes them unique, said Tignanelli, the former Bruce Township supervisor, compared to other public and private sector union workers, including the corrections officers and dispatchers represented by the POAM.

Grace Shore, CEO of the Macomb County Chamber of Commerce, said her business group is planning to decide on an endorsement of right-to-work in the coming days. Shore said her membership is split on the issue but many say “the time has come” for new labor policies. “At one time, unions were needed to improve conditions in the factories. But today, they’re dealing mostly with wages and benefits. The market should decide those things.

In Lansing, while Republican lawmakers endured the protesters’ shouts as they proceeded with their fast-track approach, much of the labor contingent’s wrath was actually aimed at Snyder, who had already pushed through anti-union legislation last year. Snyder’s flip-flop gave the green light to House Speaker Jase Bolger and Senate Minority Leader Randy Richardville.

Democrats warned that the GOP’s actions had created a “toxic” atmosphere in the Capitol that could linger for more than a year. Rep. Harold Haugh, a Roseville Democrat, who worked in white-collar positions at General Motors for more than 30 years, said his colleagues were particularly incensed by the lockdown of the Capitol and the lack of any committee hearings where lawmakers could sort through the mounds of conflicting studies and data about existing right-to-work laws.

The Macomb County delegation in the House voted along party lines except for GOP Rep. Ken Goike of Ray Township, who crossed party lines.

“The response from my district in regard to this issue was clear, residents found it divisive and the vast majority who contacted me asked me to oppose it,” said Goike, who was elected to a second term in November.

Because of legislative rules requiring a 5-day delay between votes in the House and Senate on the same legislation, final enactment appears unlikely until next week. But a Snyder signing ceremony appears to be in the works.